[1249] L. Scipio Asiagenus retained his public horse till, six years after his consulship, he was deprived of it by Cato the censor; Plut. Cat. Mai. 18; Livy xxxix. 44. 1. Both censors of the year 204 had public horses; Livy xxix. 37. 8. The senators were equites and voted in the equestrian centuries as late as 129; Cic. Rep. iv. 2. 2; cf. Gerathewohl, Reiter und Rittercent. 77 and n. 2 f.

[1250] P. 94.

[1251] P. 96.

[1252] Livy viii. 8, while describing the manipular arrangement under the year 340, assigns the beginning of it to the time of Camillus, considering it due to the introduction of pay; Plut. Cam. 40 (for change of armor at time of Camillus); cf. Soltau, Altröm. Volksversamml. 278; Marquardt, Röm. Staatsv. ii. 332 f.; Delbrück, Gesch. d. Kriegsk. i. 235.

[1253] Dion. Hal. vii. 59. 3 (p. 203, n. 2). There seems to be no reason for doubting this statement; cf. Herzog, Röm. Staatsverf. i. 1100.

[1254] P. 157 b.

[1255] Lange, Röm. Alt. i. 563. His citations, however (Fest. 177. 27; Cic. Orat. ii. 64. 260), do not prove the point; Herzog, ibid.

[1256] Dion. Hal. iv. 21. 1; x. 17.

[1257] Livy i. 43. 11; Dion. Hal. iv. 20. 3-5; vii. 59. 3-8; x. 17. 3. On the prerogative equestrian centuries, see Livy i. 43. 8; v. 18. 1: “Praerogativa ... creant” (corrupt text); x. 22. 1: “Praerogativae et primo vocatae centuriae ... dicebant”; Fest. 249. 7.

[1258] Cic. Planc. 20. 49; Q. Fr. ii. 14. 4; Div. i. 45. 103; Fest. ibid.

[1259] Ch. iv.

[1260] P. 64, 86 f.

[1261] P. 86 f.

[1262] V. 18. 1 f.; “P. Licinium Calvum praerogativa tribunum militum non petentem creant ... omnesque deinceps ex collegio eiusdem anni refici apparebat.... Qui priusquam renuntiarentur iure vocatis tribubus.... Calvus ita verba fecit.” We might amend this evidently corrupt passage either by changing praerogativa to the plural, as do Müller (2d ed. 1888) and Weissenborn (8th ed. 1885), thus making it refer to the equestrian centuriae. At the same time we might read iis revocatis (scil. praerogativis). The passage would then apply to the Servian arrangement. Or we could bring it to the support of the reformed order by reading creat (cf. Madvig). The preferable interpretation of the qui priusquam ... tribubus clause seems to be “Before they could be declared elected on the official reports from the tribes,” the official reports being counted tribe by tribe, as will hereafter appear; p. 225. See also on this passage, Plüss, Centurienverf. 10 ff.; Lange, Röm. Alt. ii. 496. Here, as often elsewhere, Ullrich, Centuriatcom. 14, is wrong. But it is impossible to prove or to disprove anything by the emendation of such a passage.

[1263] VI. 21. 5: “Omnes tribus bellum iusserunt.” As the tribal assembly did not declare war, this passage must refer to the reformed comitia (Lange, ibid.; Plüss, ibid. 13), unless omnes tribus is carelessly used to designate the unanimous vote of the populus Romanus. The assembly tributim mentioned by Livy vii. 16. 7 for the year 357 was tribal, not centuriate as Ullrich, ibid. 15, supposes.

[1264] In fact some scholars have assigned the reform to the decemvirs, 451; cf. Peter, Epoch. d. Verfassungsgesch. 75; Soltau, Altröm. Volksversamml. 361 ff.

[1265] P. 77 f., 214.

[1266] X. 22. 1: “Eumque et praerogativae et primo vocatae omnes centuriae.” Praerogativae refers to the equestrian centuriae and hence to the Servian organization. It is hazardous, however, to make so much depend on a single letter; should final e be dropped from this adjective, the sentence would still read correctly.

[1267] P. 57 f., 66 f., 86 f.

[1268] I. 43. 12.

[1269] Cf. xxiv. 7. 12 (215 B.C.): “Eo die cum sors praerogativae Aniensi iuniorum exisset”; 9. 3: “Praerogativae suffragium iniit ... eosdem consules ceterae centuriae ... dixerunt”; xxvi. 22. 2 f.; xxvii. 6. 3.

[1270] Livy xl. 51 is evidence that the censors had power to make changes as extensive as these.

[1271] Mommsen, Röm. Trib. 108, preferred Fabius, and his view has been accepted by Lange, Röm. Alt. ii. 499; Herzog, Röm. Staatsverf. i. 326; Kübler, in Pauly-Wissowa, Real-Encycl. iii. 1956; Le Tellier, Organ. cent. 75; Willems, Droit public Röm. 93; Karlowa, Röm. Rechtsgesch. i. 384; and others. But in his Staatsr. iii. 254, n. 4, 270, n. 3, following Göttling, Gesch. d. röm. Staatsverf. 383, he changes his preference to Flaminius on the ground that the conflict between the patricians and the plebeians continued to the war with Hannibal (Sall. Hist. i. 9. 11), ending, as he supposes, in the opening of the six patrician centuries of knights to the plebeians—a change which he connects with the reform under discussion. His reasoning as to the date is not cogent, and is outweighed by the consideration given in the text.

[1272] II. 21.

[1273] XXI. 63; cf. Kübler, in Pauly-Wissowa, Real-Encycl. iii. 1956.

[1274] Lange, Röm. Alt. ii. 499; Plüss, Centurienverf. 10; Le Tellier, Organ. cent. 73 ff.

[1275] Guiraud, in Rev. hist. xvii (1881). 7.

[1276] I. 43. 12: “Nec mirari oportet hunc ordinem, qui nunc est post expletas quinque et triginta tribus duplicato earum numero centuriis iuniorum seniorumque, ad institutam ab Serv. Tullio summam non convenire” (Nor need we be surprised that the arrangement as it now exists after the tribes have been increased to thirty-five, their number being doubled in the centuries of juniors and seniors, does not agree with the total number instituted by Servius Tullius).

[1277] IV. 21. 3: Οὑτος ὁ κόσμος τοῦ πολιτεύματος ἐπὶ πολλὰς διέμεινε γενεὰς φυλαττόμενος ὑπὸ Ῥωμαίον· ἐν δὲ τοῖς καθ’ ἡμᾶς κεκίνηται χρόνοις καὶ μεταβέβληκεν εἰς τὸ δημοτικώτερον, ἀνάγκαις τισὶ βιασθεὶς ἰσχυραῖς, οὐ τῶν λόχον καταλυθέντων, ἀλλὰ τῆς κρίσεως (or κλήσεως) αὐτῶν οὐκέτι τὴν ἀρχαίαν ἀκρίβειαν φυλαττούσης, ὡς ἐγνων ταῖς ἀρχαιρεσίαις αὐτῶν πολλάκις παρών. (After this arrangement had continued many generations, carefully preserved by the Romans, it has assumed in our time a more democratic character, driven into this new course by certain powerful forces. The centuries were not abolished, but the decision of their votes has lost its former carefulness—or we may read, the calling of the centuries no longer retains its precise order. This fact, he tells us, he himself often noticed when present at elections.)

If κρίσεως, supported by most MSS., is retained, it should refer to the equalization of power among the classes; κλῆσεως would probably mean that the prerogative century was now drawn by lot.

[1278] P. 77 f.

[1279] Röm. Gesch. iii. 374 ff.

It is not improbable that the first step was the reduction of the first class to seventy centuries, the ten centuries deducted being at the same time added to the lower classes. This view will explain Cic. Rep. ii. 22. 39, which otherwise must be considered a mistake; p. 67, 205, n. 5.

[1280] P. 213, n. 5.

[1281] Ihne, Hist. of Rome, iv. 12, concludes that the change was gradual. The line of development suggested by Plüss, Centurienverf., however, is ill supported by the evidence. Guiraud, Rev. hist. xvii (1881). 1 ff., also accepts the view of a gradual reform but minimizes its importance.

[1282] The citations below refer to a plurality of classes for the period following the reform, without mentioning a definite number; Sall. Iug. 86; Cic. Rep. iv. 2. 2; Flacc. 7. 15; Red. ad Quir. 7. 17; Symmachus, Pro Patre, 7 (Seeck); Auson. Grat. Act. iii. 13; ix. 44 (Peiper); p. 287, 293 (Bip.). In his speech for the Voconian law, 169, the elder Cato, in Gell. vi. 13. 3, referred to the distinction between the classici and those who were infra classem, from which we may conclude that the distinction existed in his time. The agrarian law of 111 (CIL. i. 200. 37) mentions the first class; also Livy xliii. 16. 14. The first and second are spoken of by Cic. Phil. ii. 33. 82. Ullrich’s view (Centuriatcom.), resting on these passages, is that there were but two classes, one of seniors another of juniors. Besides involving many impossibilities, it is refuted by the frequent references to the continuance of the census as an element in the system (see note below) and by the occasional mention of the five classes. The latter number for the time of C. Gracchus is given by Pseud. Sall. Rep. Ord. 2. 8. This work, though late, is generally considered good authority; cf. Greenidge, Hist. of Rome, i. 237 f. Five are mentioned also by Gell. vi (vii). 13. 1; Serv. in Aen. vii. 716; Arnob. Adv. Nat. ii. 67, with no definite reference to a particular period. Cicero’s allusion (Acad. Pr. ii. 23. 73) to the fifth class implies at least that the five classes were then fresh in the memory. The mention of an amplissimus census for the time of Cicero by Ascon. in Pis. 16, proves the existence of more than two classes at the time. These citations, together with the fact that no other definite number but five is ever spoken of by the ancient writers, must lead to the conclusion that there was no change.

[1283] To the time of Marius the soldiers were still drawn from the census classes; Polyb. vi. 19. 2; Sall. Iug. 86. The first class was distinguished from the rest by its armor, Polyb. vi. 23. 15. That the political classes likewise rested on the census is proved by Cic. Leg. iii. 3. 7; 19. 44; Gell. vi (vii). 13; xv. 27. 5; Ascon. in Pis. 16. The agrarian law of 111 (CIL. i. 200. 37) implies a property qualification of the class mentioned (note above). These citations dispose of the hypothesis of Plüss, Centurienverf. 36 ff., 80, which represents the classes of this period as consisting of groups of tribes resting partly on the census but mainly on differences of rank.

[1284] Cic. Phil. ii. 33. 82; Livy xliii. 16. 14; Pseud. Sall. Rep. Ord. 2. 8; Val. Max. vi. 5. 3; (Aurel. Vict.) Vir. Ill. 57. 3.

[1285] Livy i. 43. 12; xxiv. 7. 12; xxvi. 22. 2 f.; xxvii. 6. 3 (p. 213, n. 5 above); Cic. Rep. iv. 2. 2; Verr. II. v. 15. 38: “Qui (praeco) te totiens seniorum iuniorumque centuriis illo honore (praetorship) adfici pronuntiavit”; Har. Resp. 6. 11; Leg. iii. 3. 7; Horace, Ars Poet. 341: “Centuriae seniorum agitant expertia frugis.”

[1286] Varro, L. L. vii. 42; Cic. Flacc. 7. 15; Sull. 32. 91; Tog. Cand. in Ascon. 85; Red. in Sen. 11. 27; Imp. Pomp. 1. 2; Brut. 67. 237; Orat. ii. 64. 260; Ascon. 16, 95; Pseud. Sall. Rep. Ord. 2. 8; Livy i. 43. 12 f.; xxvi. 18. 9; 22. 4, 8, 10, 13; xxvii. 21. 4; xxviii. 38. 6; xxix. 22. 9; xxxi. 6. 3; 7. 1; xxxvii. 47. 7; xliii. 16. 14, 16; Dion. Hal. iv. 21. 3; et passim.

[1287] I. 43. 12 f. “Nec mirari oportet hunc ordinem, qui nunc est post expletas quinque et triginta tribus duplicate earum numero centuriis iuniorum seniorumque, ad institutam ab Servio Tullio summam non convenire. Quadrifariam enim urbe divisa ... partes eas tribus appellavit ... neque eae tribus ad centuriarum distributionem numerumque quicquam pertinuere.”

[1288] Livy xxiv. 7. 12.

[1289] Livy xxvi. 22. 2 f.

[1290] Livy xxvii. 6. 3.

[1291] Voting or the announcement of the votes according to tribes is indicated by Polyb. vi. 14. 7: Τοῖς γὰρ θανάτου κρινομένοις, ἐπὰν καταδικάζωνται δίδωσι τὴν ἐξουσίαν τὸ παρ’ αὐτοῖς ἔθος ἀπαλλάττεσθαι φανερῶς, κἂν ἔτι μία λείπηται φυλὴ τῶν ἐπικυρουσῶν τὴν κρίσιν ἀψηφόρητος, ἑκούσιον ἑαυτοῦ κατγνόντα φυγαδείαν. (To those who are on trial for life, while the vote of condemnation is being taken, even if a single tribe of those whose suffrages are needed to ratify the sentence has not voted, the Roman custom grants permission to depart openly, condemning themselves to voluntary exile.) This procedure must have been in the comitia centuriata, and hence the votes of the centuries must have been taken or announced by tribes; cf. Klebs, in Zeitschr. d. Savignyst. xii (1892). 220; Plüss, Centurienverf. 14. See also Cic. Leg. Agr. ii. 2. 4: “Meis comitiis non tabellam vindicem tacitae libertatis, sed vocem [unam] prae vobis indicem vestrarum erga me voluntatum ac studiorum tulistis. Itaque me non extrema tribus (not diribitio) suffragiorum, sed primi illi vestri concursus, neque singulae voces praeconum, sed una vox universi populi Romani consulem declaravit.” The MSS. have tribus and there is nothing against it, though Müller, following Richter, has adopted diribitio for the Teubner text, 1896. The meaning is “In my election you offered not merely the ballot, the vindication of your silent liberty, but also your unanimous voice as evidence of your good will to me and of your eagerness in my behalf. Hence it was not the last tribal group of votes but your first coming together, not the single announcements of the criers but the unanimous voice of the entire Roman people which declared me consul.” From this passage we may infer (1) that the votes were cast or announced by tribes, (2) that the tribe cast more than one vote, (3) that the result was sometimes known before the last tribe was reached. Cf. further Cic. Phil. vi. 5. 12; 6. 16; xi. 8. 18; Livy v. 18. 2; vi. 21. 5; viii. 37. 12; xxix. 37. 13; ep. xlix; Oros. v. 7. 1; Lucan, Phars. v. 391 ff.; Plut. Cat. Min. 42.

[1292] Cic. Planc. 20. 49: “Unius tribus pars” (i.e. the prerogative century); Pseudacr. Schol. Cruq. ad Hor. Poet. 341: “Singulae tribus certas habebant centurias seniorum et iuniorum”; Livy i. 43. 12 f. implies that the number of centuries was a multiple of the number of tribes, in other words that the century was an integral part of the tribe; cf. Q. Cic. Petit. 5. 17 f.; 8. 32; Mommsen, Röm. Trib. 74. The most convincing evidence is that of inscriptions of the imperial period (p. 220) which prove the urban tribes to have comprised each an integral number of centuries. Mommsen, Röm. Staatsr. iii. 274, has therefore failed in his attempt to limit to the first class the division of the tribes into centuries.

[1293] Röm. Gesch. iii. 382 f., followed by Plüss, Centurienverf. 23 ff. Niebuhr places the change in 304, when there were but thirty-one tribes, which would give for that date but sixty-two half-tribe centuries.

[1294] P. 216.

[1295] Niebuhr, ibid. His authorities for the two classes are Livy xliii. 16. 14: “Cum ex duodecim centuriis equitum octo censorem condemnassent multaeque aliae primae classis”; Cic. Phil. ii. 33. 82: “Prima classis vocatur, renuntiatur; deinde, ita ut adsolet, suffragia; tum secunda classis vocatur; quae omnia sunt citius facta, quam dixi. Confecto negotio bonus augur ... alio die inquit”; cf. p. 113. In the Livian citation, however, the mention of only the first class affords no hint as to the number of classes to follow; and the keen analysis of the Ciceronian passage made by Huschke, Verf. des Serv. 615 and n. 8, proves confecto negotio to signify not necessarily that the voting had been finished, but rather that the comitia had advanced so far as to preclude the obnuntiatio. It should be served before the assembly convened, not after the meeting began (“Non comitiis habitis, sed priusquam habeantur”; § 81). Confecto negotio, equivalent to comitiis habitis, is the negative of priusquam habeantur. This interpretation deprives the theory of two classes, held by Niebuhr, Ullrich, and others, of its only support.

[1296] P. 216, n. 1.

[1297] P. 216, n. 2.

[1298] Verf. des Serv. 623.

[1299] Ibid. 617 ff.

[1300] Ibid. 634. Similar is the view of Plüss, Centurienverf. 36 ff., 80, that for the period 179-86 the classes were groups of tribes based partly on the census and partly on social rank.

[1301] P. 216, n. 3. The long-known hypothesis here mentioned was sufficiently refuted by Huschke, ibid. 619 ff., but has been more recently revived by Madvig, Röm. Staat. i. 117 ff., who, however, so develops it as to make the five classes voting divisions of the century. This notion is controverted by Genz, Centuriatcom. nach der Ref., and defended without success by Gerathewohl, Reit. und Rittercent. 90 f.

[1302] This result is in fact suggested by the passage in Livy 1. 43. 12 f. (p. 217, n. 1); it is not to be wondered at that an increase in the tribes should bring about an increase in the centuries—a diminution in the centuries could not be spoken of in the same way.

[1303] P. 217.

[1304] P. 218, n. 1.

[1305] P. 216, n. 3.

[1306] ¶ above.

[1307] P. 216, n. 4.

[1308] A monk who lived 1494-1567. For his view see Drackenborch’s commentary on Livy i. 43. To the 350 centuries of juniors and seniors he added 35 or 70 centuries of knights and a century of proletarians, making a total of 386 or 421 respectively. No scholar now holds to more than 18 equestrian centuries. With this and a few other variations as to supernumerary centuries his view has been adopted by Savigny, Vermischte Schriften, i. 1 ff.; Mommsen, Röm. Trib.; Genz, Centuriatcom. nach der Ref.; Ihne, Hist. of Rome, iv. 15; Herzog, Röm. Staatsverf. i. 324; Klebs, in Zeitschr. d. Savignyst. xii (1892). 181-244; Schiller, Röm. Alt. 633; Kübler, in Pauly-Wissowa, Real-Encycl. iii. 1956 ff.; Greenidge, Rom. Publ. Life, 253; Le Tellier, Organ. cent. 89 ff.; Göttling, Gesch. der röm. Staatsverf. 383; Peter, Epoch. d. Verfassungsgesch. 75; Morlot, Comices élect. 85 ff.

[1309] CIL. vi. 196-8, 1104, 10097, 10214-8; Inscr. bull. della comm. di Roma, 1885. 161; Notizie degli Scavi, 1887. 191.

[1310] There must have been in the reformed comitia two curators from each class for every tribe. This connection with the classes was wrongly transferred to the tribunes of the plebs by Livy iii. 30. 7; Ascon. 76.

[1311] III. 274 ff.; cf. his History of Rome (Eng. ed. 1900), iii. 52 f.

[1312] II. 22.

[1313] Röm. Staatsr. iii. 274 with notes; cf. Guiraud, in Rev. hist. xvii (1881). 16.

[1314] Rep. ii. 22. 39: “Quae discriptio, si esset ignota vobis, explicaretur a me; nunc rationem videtis esse talem.”

[1315] Seventy in Cicero’s description, eighty according to the annalists; p. 67 f., 205, n. 5.

[1316] It is unnecessary here to enter into the controversy regarding the text. Evidently the second hand has drawn from a reliable source (Klebs, ibid. 200-210); yet in view of its uncertainty the passage should not be made the foundation of a theory so thoroughly objectionable as Mommsen’s.

[1317] To Soltau, Jahrb. f. cl. Philol. xli (1895). 411, n. 3, this explanation seems “too cheap.”

[1318] In the clause “Ut equitum centuriae cum sex suffrages et prima classis addita centuria, quae ... data, LXXXVIIII centuriae habeat,” centuriae applies to the centuries proper, but in the clause immediately following, “Quibus ex centum quattuor centuriis (tot enim reliquae sunt) octo solae accesserunt,” the word on Mommsen’s supposition must denote not the centuries themselves but the voting groups of centuries. Though Mommsen usually avoids the application of the term century to the assumed voting units, he allows himself to do so on p. 274 and in n. 2. Granting that in this instance he has used the word correctly, we should have the first class composed of simple centuries and the others of centuries which were themselves composed of centuries—an evidently absurd result of his assumption.

[1319] Klebs, in Zeitschr. d. Savignyst. xii (1892). 197. Not less complicated is Le Tellier’s supposition (Organ. cent. 88, n. 1) that the four classes may have differed in number of votes (for example, 30, 28, 28, 14), and that the several voting groups of a class comprised the same number of centuries, in some cases with a fraction of a century, e.g., 2, 2½, 2½, 5 centuries for the four classes respectively. This combination would be as undemocratic and as impracticable as any of those proposed by Klebs.

[1320] Klebs, ibid. 187.

[1321] P. 214, n. 6.

[1322] I. 43. 12.

[1323] P. 220.

[1324] P. 217.

[1325] P. 216, n. 3. Soltau’s modifications, Jahrb. f. Philol. xli (1895). 410-4, of Mommsen’s hypothesis are no improvement on the original.

[1326] Röm. Alt. ii. 510 ff.

[1327] In this way the prerogative century, after serving as an omen (Cic. Mur. 18. 39), would be joined with four others of the same half-tribe.

[1328] Lange, Röm. Alt. ii. 526.

[1329] Livy xliii. 16. 14 (171 B.C.): “Cum ex duodecim centuriis equitum octo censorem condemnassent multaeque aliae primae classis, extemplo principes civitatis ... vestem mutarunt.” This proves that the votes were made public early in the course of the voting, though not necessarily before the second class began; cf. Cic. Phil. ii. 33. 82. Lange too hastily rejects the evidence of these two passages. The vote of each century was announced separately; Varro, L. L. vii. 42: “Quod ... comitiis cum recitatur a praecone dicitur olla centuria,” which would not be true, if, as Lange supposes, the announcement was by tribal groups of five.

[1330] Cf. Gerathewohl, Reit. und Rittercent. 90, n. 2.

[1331] As authority for the six votes of the eighteen equestrian centuries Lange cites Cic. Rep. ii. 22. 39: “Equitum centuriae cum sex suffrages”; Phil. ii. 33. 82; “Prima classis vocatur, renuntiatur; deinde, ita ut adsolet, suffragia.” So far as these two passages are concerned, Lange could be right; but his view is contradicted by Festus 334. 29 (“Sex suffragia appellantur in equitum centuriis, quae sunt adiecta—MS. adfectae—ei numero centuriarum, quas Priscus Tarquinius rex constituit”), which distinguishes the sex suffragia from the remaining centuries of cavalry, and by Livy xliii. 16. 14, which gives each century a vote.

[1332] All the tribes voted; Livy vi. 21. 5 (a historical anticipation but useful for showing later custom); viii. 37. 12; xxix. 37. 13 f.; ep. xlix; Val. Max. ix. 10. 1. All the centuries voted; Livy xxiv. 9. 3; xxvi. 18. 9; 22. 13; xxvii. 21. 4; xxviii. 38. 6; xxix. 22. 5; xxxi. 6. 3; Cic. Sull. 32. 91; Pis. 1. 2; Imp. Pomp. 1. 2.

[1333] In Zeitschr. d. Savignyst. xii (1892). 230 ff.

[1334] Lucan v. 392 ff.:

These verses picture a sham election held by Caesar in 49; he pretends to hold comitia, counts the votes of the plebs, who are not really permitted to be present, calls off the tribes, and draws lots for them from the empty urn.

[1335] Orat. 46. 156: “Centuriam, ut Censoriae Tabulae loquuntur, fabrum audeo dicere, non fabrorum.” Cicero seems to refer to recent Tabulae Censoriae; though he might quote ancient poets, he was not the man to ransack old documents even to learn the ancient usage of words.

[1336] Plut. Num. 17; Pliny, N. H. xxxiv. 1. 1.

[1337] Ascon. 75: “Postea collegia S. C. et pluribus legibus sunt sublata praeter pauca atque certa, quae utilitas civitatis desiderasset, qualia sunt (MS. quasi, ut) fabrorum fictorumque.”

[1338] P. 207, n. 1.

[1339] See citations in Olcott, Thes. ling. lat. ep. i. 51.

[1340] P. 208 f.

[1341] That these supernumerary centuries were abolished at the time of the reform is argued by Huschke, Verf. des. Serv. 622 f.; Plüss, Centurienverf. 28, 34; Genz, Centuriatcom. nach der Ref. 12; Klebs, in Zeitschr. d. Savignyst. xii. 218. That they continued in the new system is the belief of Mommsen, Röm. Staatsr. iii. 281 ff.; Lange, Röm. Alt. ii. 512; Le Tellier, Organ. cent. 90.

[1342] P. 220 f.

[1343] The supposed Sullan reaction to the earlier form of the centuriate comitia is not well founded; p. 406.

[1344] P. 212.

[1345] P. 217. This is a necessary inference from the term used to describe a prerogative centuria, e.g., Aniensis iuniorum. Had the drawing been from a group of classes, the number of the class would have been added, e.g., Aniensis iuniorum secundae classis.

[1346] Cic. Phil. ii. 33. 82.

[1347] Livy xliii. 16. 14: “Cum ex duodecim centuriis equitum octo censorem condemnassent multaeque aliae primae classis” (171 B.C.). This passage proves that the announcement distinguished the votes of the twelve equestrian centuries both from the sex suffragia and from those of the class. Cic. Phil. ii. 33. 82: “Sortitio praerogativae; quiescit. Renuntiatur; tacet. Prima classis vocatur, renuntiatur; deinde, ita ut adsolet, suffragia; tum secunda classis vocatur.” Here Cicero informs us that the (sex) suffragia were announced after the report of the first class had been given. The circumstance that he does not mention the separate calling of the suffragia indicates that their separation from the first class was limited to the announcement. There is no reason why the Romans should have added to the length of the centuriate sessions by assigning a part of the day to the exclusive use of these six centuries. Livy, i. 43. 8 f., has their inferiority in mind. It is unnecessary to amend the Ciceronian passage. The attempt of Holzapfel, in Beiträge zur alten Gesch. i (1902). 254 f., is unsuccessful. Klebs, in Zeitschr. d. Savignyst. xii (1892). 237 ff., fruitlessly opposes the division of the equites into these two groups.

[1348] P. 74 f., 95 f., 209 f.

[1349] P. 211, 467, 469.

[1350] P. 201, n. 2.

[1351] The idea that Servius Tullius gave this assembly the right to elect kings (Dion. Hal. v. 12. 3; Lange, Röm. Alt. i. 458; ii. 531) is proved wrong by the circumstance that the organization attributed to him was purely military, from which the comitia centuriata slowly developed; p. 203 ff.

[1352] Lange, Röm. Alt. ii. 531. On the number of praetors, see Mommsen, Röm. Staatsr. ii. 202. The election of a centurion to the function of dedicating a temple (Livy ii. 27. 6) in the period before the first secession Lange (ibid. i. 917; ii. 532) with good reason considers a myth. It is doubtful, however, whether he is right in viewing as historical the so-called lex Valeria de candidatis, assigned to the first year of the republic (Plut. Popl. 11; Lange, ibid. ii. 532), which ordered the presiding magistrate to accept as candidates all qualified patricians who offered themselves for the consulship—a principle said to have been afterward applied to other patrician offices.

[1353] P. 331.

[1354] Cic. Brut. 14. 55; cf. Lange, Röm. Alt. i. 409; ii. 115, 532.

[1355] On the centuriate elective function in general, see Lange, ibid. ii. 531-3. Willems, Sén. Röm. ii. 69 ff., contends unconvincingly that the Maenian statute should be assigned to 338.

[1356] P. 177.